The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, the defendant was sentenced to four months of imprisonment with prison labor for larceny at the Incheon District Court on June 12, 2020, and the above judgment was finalized on October 16, 2020. As such, the crime for which judgment became final and the crime of this case are concurrent crimes after Article 37 of the Criminal Act, and the crime of this case are concurrent crimes, and the punishment is determined in consideration of equity and the concurrent judgment pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence acknowledged by this court is the first head of the judgment below's / [criminal records]. The judgment of October 16, 2020 became final and conclusive after being sentenced to four months of imprisonment with prison labor for larceny at the Incheon District Court on June 12, 2020.

Except for the addition of “the pertinent column of the lower judgment,” it is identical to each corresponding column of the lower judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning facts constituting a crime, the choice of punishment, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The rationale for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant confessions the crime of this case, and is divided into several occasions.

On the other hand, the defendant has a record of criminal punishment for the same crime, and even during the period of repeated crime, is going to commit the crime of this case.